The Law of State Immunity

Hazel Fox QC

Description

The doctrine of State immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for State violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Still others argue that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.

This fully restructured new edition
addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

The Law of State Immunity

Hazel Fox QC

Table of Contents

IntroductionPart I: The Structure of State Immunity 1. State Immunity as a Rule of International Law2. Institution of Proceedings and the Nature of the Plea of State ImmunityPart II: General Concepts in State Immunity 3. The Concept of the State and the Justification for Immunity4. Theories Relating to State Immunity and the Concept of Jurisdiction5. Jus Cogens6. Immunity, Acts of State, and Non-JusticiabilityPart III: Sources of the Law of State Immunity 7. Treaty Practice, Projects for Codification, and Municipal Law as Sources8. The Restrictive Doctrine9. National Legislation: The US FSIA and UKSIA10. Other ImmunitiesPart IV: The Current International Law 11. The Rule of Immunity
under the UN Convention12. Consent of the Foreign State13. Definition of the State14. Exceptions to State Immunity15. Exceptions under the UN Convention16. Execution and ProcedurePart V: Conclusions 17. Conclusions and Future Models

Author Information

The Law of State Immunity

Hazel Fox QC

Reviews and Awards

Reviews from previous edition
"Outstanding analysis, a well written and superbly documented work. A must have for any public or private collection shelving the classics of international legal literature."
--American Society of International Law

"This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it. This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries."
--International and Comparative Law Quarterly

"A timely and much-needed addition to the literature. The Law of State Immunity is not only comprehensive and meticulously researched, but also very well written. For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. It carefully introduces the reader to the relevant concepts and material, presents them in a logical and coherent fashion and provides thoughtful, balanced analysis. The Law of State Immunity can confidently be regarded as the new classic book on State immunity."
--The Cambridge Law Journal

"Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subject that is, as she so clearly demonstrates, no longer confined to immunities or to states. There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text."
--Alan Boyle, The Law Review Quarterly

"This is a work of rigorous scholarship As an authoritative monograph, it will be of inestimable value to practitioners. The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index. State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable."
--International and Comparative Law Quarterly

"For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. The author's expertise on the subject is manifest. The Law of State Immunity can confidently be regarded as the new classic book on State immunity that we have needed, and will likely remain so for many years to come. The author is to be congratulated for this timely and important contribution."
--Cambridge Law Journal